Lee then says they're going to argue that the government should be required to give anyone subject to the #AEA a hearing before finding that they're covered, & they'll be seeking that later.
#Boasberg orders #DOJ to say how many people are designated under AEA. DOJ says again they may refuse.
🧵
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
#Boasberg then asks how many people are subject to the proclamation & how many people are currently in #ICE custody.
#DOJ says they don't have it. #ACLU also says they don't have it, & points out that the proclamation is vague enough that it's hard for anyone to figure out who is subject.
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
#Boasberg then asks the government about another issue; when was the Proclamation actually signed?
The #DOJ atty says that he does not have any information right now as to when the proclamation was signed, & Boasberg asks him to submit that information as well by noon tomorrow, & for the DOJ to provide an argument for when the proclamation went into effect.
🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
Lee Gelernt says it's "implausible" that they didn't believe they were bound by what #Boasberg said in court, but even if they did, it was obvious that the only proper action was to go back to the court & seek clarification or turn the plane around & appeal.
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
#Boasberg then moves to Lee Gelernt of the #ACLU, asking him whether he wants to respond, & noting again that he doesn't plan to issue any rulings today about whether the order was violated.
Lee begins by pointing out the best way to deal with a #TRO they disagreed with was to obey & then appeal.
🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
#Boasberg points out again that his equitable powers as a judge do not stop at the U.S. border lines or in international airspace.
He pauses & says this is a complex question & it would be better to be arguing them on the basis of the #facts, pointing out again #DOJ didn't give them the facts.
🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
#Boasberg asks "You're saying that the president somehow has extra powers over a plane once it enters international airspace once it leaves US airspace?"
#DOJ basically says yes, then starts repeating previous arguments.
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
Wow. #DOJ is arguing that #Trump has authority OUTSIDE the #AlienEnemiesAct in #InternationalWaters "that would not be subject to either orders."
#Boasberg seems skeptical at a minimum, & asks if the president's foreign power exists only once the plane crosses into international airspace?
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
#DOJ is now arguing that this is a #ForeignPolicy issue & claims that the US would suffer if any TdA member weren't deported.
"I'm not calling into the question the government's foreign policy ... I'm just asking how you think my equitable powers do not attach to the plane ... ?"
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
#Boasberg says just return the planes then figure out the answer, rather than simply ignoring the order.
#DOJ then says that isn't what they're arguing & then shifts to their third argument, which is inherent presidential authority to move military forces.
/again, these were not #military flights!
🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
#Boasberg responds to that: "Isn't the response what you think is unconstitutional or improper or illegal injunction to seek modification or appeal?"
#DOJ says "when the planes are in the sky and there is sensitive national security, that's not a call that can be made."
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
#DOJ attorney begins saying the #law generally doesn't apply extraterritorially, and #Boasberg stops him, emphasizing that the question here is about his own equitable powers, not the Immigration and Nationality Act.
DOJ says the people had physically been removed so he no longer had jurisdiction.
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
#DOJ says “no”, "removal" had already happened because they had already left US airspace.
#Boasberg says "the equitable power of the United States courts is not so limited," saying it's "pretty clear" that even if the enjoined acts were outside the territory of the US, you can't violate it.
"What argument do you have the equity stops at this country's borders"?
🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
#Boasberg says "so when I said directly turn the plane around, you read it because my written order was pithier, this could be disregarded? That's a heck of a stretch."
#DOJ then basically says that's what they're arguing, then pivots to the international waters argument.
Boasberg explores the argument about being outside the US. He asks whether the DOJ is arguing that because the plane was outside US airspace, his order did not apply.
🧵
#law #Constitution #Judiciary #AbuseOfPower #Trump
#Boasberg again gets #DOJ to confirm that they are arguing that because he didn't include every word of that language in the written order, they could simply ignore what he said.
DOJ lawyer says that's what his client [#Trump] has instructed him to argue. Boasberg is incredulous & keeps pushing back.
🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct
#DOJ argues that the written order issued 40mins later supersedes anything said orally, & says that the DOJ "on good faith" only viewed the written order as binding, not what #Boasberg said in court.
Boasberg notes he said “you shall inform your clients immediately” ... that any planes that are going to take off, or are in the air, shall be turned around….
He asks "You're telling me your first argument" is that didn't apply because it wasn't in the minute order?
🧵
#law #Constitution #Trump
#DOJ at first says they would be willing to submit a declaration but goes back their argument that they didn't violate the order, but then pushes back & says they won't until they can argue that they don't have to disclose any info at all.
#Boasberg asks for that to be part of noon tmw filing
Boasberg moves on to the core issue:
Did the #Trump admin violate the court’s order?
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct
#Boasberg: "The inquiry here is 'have they obeyed my order?'”
Boasberg notes #DOJ says they're representing no one on the third flight was subject to the #AEA, so Lee asks that they submit a sworn declaration.
Lee notes the govt is distinguishing between the AEA proclamation & a claimed inherent presidential authority, & asks for more on that.
🧵
#law #Constitution #immigration #Venezuela #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
#Boasberg now asks Lee Gelernt of the #ACLU is there are any other questions that should be asked, & asks him if he objects to the timing of a hearing tomorrow at noon to explain why they won't tell him the information.
Lee says "we're getting very close" to a #ConstitutionalCrisis.
the audio is unclear Lee's comments aren’t all relayed. He says it appears there is an admission that there may have been a flight which left after the order? the third flight?
🧵
#law #Constitution #Trump
#Boasberg’s questions for #DOJ:
1. How many planes departed the US at any time on Saturday carrying any people being deported solely on the basis of the proclamation?
2. How many people in that category were on those planes?
3. What foreign countries did those planes land in?
4. What time did the planes leave the US?
5. What time did they enter foreign airspace?
6. What time did they land?
7. What time were those individuals transferred into foreign custody?
🧵
#law #Constitution #Trump
#Boasberg cites case law that the govt is required to provide a clear reason before refusing to provide him classified or national security info.
He asks if the #DOJ can provide in writing tomorrow by noon what their position is communicating the info to him.
Boasberg to the DOJ: "Let me just tell you the questions that I wish you could answer, & that I will be asking you.”
🧵
#law #Constitution #ChecksAndBalances #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
#Boasberg points out he gets classified info all the time "Why are you showing up today & not having answers as to why you can't disclose it?”
He points out that if the answers are classified, fine, just tell him.
Boasberg remains incredulous at the fact that the govt won't even tell him why they won't tell him how many flights took off. #DOJ says all he can say is that the flights took off before his order, & he suggests that's not relevant to #compliance.
🧵
#law #Constitution #Trump
#Boasberg is now questioning the government about the other 2 flights, which the government itself somewhat mentioned in its orders.
The government continues to refuse to disclose any information. Boasberg asks why it can't be said outside of the public, & the #DOJ attorney refuses to say why.
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
#Boasberg is now asking about a third flight identified by the #ACLU that they were asking about, which is I believe what the last bit was about. He gets the #DOJ to confirm no one on that plane was subject to the #AEA proclamation.
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
#DOJ says that the only thing they are authorized to say is that the two flights which took off after the written order were not relevant to this case (which I guess is saying they had no one subject to the #AlienEnemiesAct #AEA on board?). He then claims #NationalSecurity & diplomacy mean he won't answer further.
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
#Boasberg gets the #DOJ to confirm the 5 individual named plaintiffs, which were the subject of his first TRO, are still here.
Boasberg asks "How many planes departed the US at any point on Saturday carrying any people being deported solely on the basis of the proclamation."
DOJ refuses to answer!!
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
#Boasberg says he wants to focus on the timelines involved. He says, again, "I just want to obtain some facts here, I'm not planning to issue any rulings about the government's conduct today, it's just to get information." He says the ACLU can raise any objections to the facts if they have them
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
#Boasberg begins by saying today's hearing is not about the merits of his TROs issued on Sat. He says the sole reason he's here is fact-finding about the govt's #compliance w/his orders. He notes the govt asked the DC Circuit to stay this hearing & asked that he be removed.
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
🧵 coverage of Judge #Boasberg’s hearing via Aaron Reichlin-Melnick:
Chief Judge Boasberg begins the hearing. Lee Gelernt & others from the #ACLU are there in person, along with others from #DemocracyForward.
For the government, appearing are Abishek Kambli & August Flentje.
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
ICYMI, this stmnt from #Trump’s US AG #PamBondi is incredible:
"Tonight, a DC trial judge supported Tren de Aragua terrorists over the safety of Americans.…This order disregards well-established authority regarding Trump's power, & it puts the public & law enforcement at risk. The DOJ is undeterred in its efforts to work w/the WH, the DHS, & all of our partners to stop this invasion & Make America Safe Again.”
The issue is compliance w/the #law & has nothing to do with “support” of terrorists.
Judge #Boasberg responded to #DOJ’s Monday motion to vacate the 5PM hearing:
The Court ORDERS that Defendants' 24 Motion to Vacate is DENIED. The hearing will proceed as scheduled. So ORDERED by Chief Judge James E. Boasberg on 3/17/2025.
So, it should start in about 5 minutes.
#law #Constitution #14thAmendment #5thAmendment #DueProcess #Venezuela #immigration #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #Trump #AbuseOfPower
In another remarkable move, the DOJ wrote a letter to the federal appeals court that sits over Judge #Boasberg, asking it to remove him from the case entirely given what they falsely described as his “highly unusual & improper procedures.”
The two government filings came on a day of extraordinary resistance to the court by the #Trump admin, which has said that it has not violated Boasberg’s order stopping the flights, but also that he had no authority to issue it in the first place.
#law
In a brazen display of defiance, #Trump’s #DOJ filed papers less than two hours before the 5PM hearing, telling Judge James E. #Boasberg that there was no reason for anyone to come to court because the administration was not going to provide any further information about the #deportation flights.
storage.courtlistener.com/reca…
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
"Top Commerce Dept official sent a blistering email to his former colleagues on his way out the door Sunday warning that #Trump admin is poised to unduly enrich #Musk’s satellite internet co. w $ for rural broadband.
“Stranding all or part of rural America w worse internet so that we can make the world’s richest man even richer is yet another in a long line of betrayals by Washington,” wrote Evan Feinman, who had directed the $42.5 bil broadband program for past 3 yrs"
Live updates and the latest news as the Senate turns to a government funding bill to avoid a shutdown and Trump's pick to lead the CDC gets a confirmation hearing.NBC News
REPORTER: What responsibility do you feel to the civil servants who have now lost their jobs? Many of them worked at the Dept of Education during your first term. TRUMP: Many of them don't work at all. Many of them never showed up to work.Threads
"On the Monday edition of his program, Fox News host Sean Hannity announced that as a gesture of devotion to Elon Musk, he is buying a Tesla. …
Then Tuesday morning, Donald Trump announced that he too will buy a Tesla, and expressed his belief that it should be illegal for anyone not to buy one."
#Musk #Trump #economy #StockMarket #stagflation #recession #Tesla
/5
paulwaldman.substack.com/p/the…
Begun, this new culture war has.Paul Waldman (The Cross Section)
"Tuberville said that more tariffs coming at the start of next month would right the ship. (He did not make clear how exactly this righting would be achieved.)
'They don’t last forever, I mean,' Tuberville added. 'The reciprocals are gonna be, what, April 2nd? So it’ll be good. Bye, bye, bye.'
For what it’s worth, I checked the handy Autopilot app3 to see how Tuberville’s portfolio is performing over the past three months. He was down 6.9 percent as of Monday."
#Musk #Trump #StockMarket
/4
“'It’d gone way up, you know, probably over-priced,' he said. 'In a short period of time it had really gone up, and so it probably reset itself a little bit.'
Asked whether the market could get back to the same level, Tuberville said, 'No doubt.'
I noted that the consensus has been that the market dive was a direct result of Trump’s tariffs and the economic instability they bring."
#Musk #Trump #economy #StockMarket #stagflation #recession
/3
